BY SENATORS Ament and Phillips;
also REPRESENTATIVES Owen, Gotlieb, and Saliman.
CONCERNING AUTHORIZATION FOR INCLUDING A PORTION
OF WELD COUNTY IN THE REGIONAL TRANSPORTATION DISTRICT, AND MAKING
AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
9 of title 32, Colorado Revised Statutes, is amended BY THE ADDITION
OF A NEW SECTION to read:
329106.5. Additional district areas Weld county. (1) THE FOLLOWING AREA IN WELD COUNTY MAY BE INCLUDED IN THE DISTRICT AS PROVIDED BY SUBSECTION (2) OF THIS SECTION:
BEGINNING AT A POINT ON THE WESTERN RIGHTOFWAY
LINE OF COUNTY ROAD 1 WHERE IT INTERSECTS THE SOUTHERN RIGHTOFWAY
LINE OF COUNTY ROAD 2; THENCE NORTH ALONG THE WESTERN RIGHTOFWAY
LINE OF COUNTY ROAD 1 TO THE NORTHERN RIGHTOFWAY LINE
OF COUNTY ROAD 30; THENCE EAST ALONG THE NORTHERN RIGHTOFWAY
LINE OF COUNTY ROAD 30 TO THE EASTERN RIGHTOFWAY LINE
OF COUNTY ROAD 19; THENCE SOUTH ALONG THE EASTERN RIGHTOFWAY
LINE OF COUNTY ROAD 19 TO THE SOUTHERN RIGHTOFWAY
LINE OF COUNTY ROAD 2; THENCE WEST ALONG THE SOUTHERN RIGHTOFWAY
LINE OF COUNTY ROAD 2 TO THE BEGINNING POINT.
(2) (a) THE AREA DESCRIBED IN SUBSECTION
(1) OF THIS SECTION MAY BE INCLUDED IN THE DISTRICT IF THE FOLLOWING
REQUIREMENTS ARE MET:
(I) A PROPOSAL TO INCLUDE THE AREA IN
THE DISTRICT IS INITIATED BY ANY OF THE FOLLOWING METHODS:
(A) A PETITION REQUESTING AN ELECTION
FOR THE PURPOSE OF INCLUDING THE AREA IN THE DISTRICT IS SIGNED
BY AT LEAST EIGHT PERCENT OF THE ELIGIBLE ELECTORS OF THE UNINCORPORATED
PORTION OF SUCH AREA AND EACH PORTION OF SUCH AREA THAT IS WITHIN
A MUNICIPALITY; OR
(B) THE GOVERNING BODIES OF ALL MUNICIPALITIES
THAT INCLUDE PORTIONS OF THE AREA PROPOSED TO BE INCLUDED IN THE
DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
ADOPT, BY INTERGOVERNMENTAL AGREEMENT, A RESOLUTION REQUESTING
AN ELECTION FOR THE PURPOSE OF INCLUDING THE AREA IN THE DISTRICT.
(II) AN ELECTION IS HELD AND CONDUCTED
IN ACCORDANCE WITH ARTICLES 1 TO 13 OF TITLE 1, C.R.S., AND THE
FOLLOWING REQUIREMENTS:
(A) THE ELECTION SHALL BE HELD EITHER
AT THE GENERAL ELECTION IN 1998, 2000, OR 2002, AS DETERMINED
BY INTERGOVERNMENTAL AGREEMENT OF THE GOVERNING BODIES OF ALL
MUNICIPALITIES THAT INCLUDE PORTIONS OF THE AREA PROPOSED TO BE
INCLUDED IN THE DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY.
(B) THE BALLOT SHALL PROVIDE FOR THE ELIGIBLE
ELECTORS IN THE AREA PROPOSED TO BE INCLUDED IN THE DISTRICT TO
VOTE FOR OR AGAINST THE INCLUSION OF THE PROPOSED AREA IN THE
DISTRICT.
(C) THE ELECTION BALLOT SHALL BE IN THE
FORM DETERMINED BY INTERGOVERNMENTAL AGREEMENT OF THE GOVERNING
BODIES OF ALL MUNICIPALITIES THAT INCLUDE PORTIONS OF THE AREA
PROPOSED TO BE INCLUDED IN THE DISTRICT AND THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY.
(D) THE BALLOT SHALL CONTAIN A DESCRIPTION
OF THE AREA PROPOSED TO BE INCLUDED IN THE DISTRICT.
(E) THE BALLOT SHALL CONTAIN THE CURRENT RATE OF SALES TAX LEVIED BY THE DISTRICT.
(F) THE BALLOT SHALL CONTAIN THE FOLLOWING
QUESTION: "SHALL THE AREA DESCRIBED IN THE BALLOT BE INCLUDED
IN THE REGIONAL TRANSPORTATION DISTRICT?".
(b) THE GOVERNING BODIES OF ALL MUNICIPALITIES
THAT INCLUDE PORTIONS OF THE AREA PROPOSED TO BE INCLUDED IN THE
DISTRICT AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
SHALL CALL THE ELECTION AUTHORIZED BY THIS SECTION BY A SINGLE
RESOLUTION MADE BY INTERGOVERNMENTAL AGREEMENT. THE RESOLUTION
SHALL STATE:
(I) THE OBJECT AND PURPOSE OF THE ELECTION;
(II) A DESCRIPTION OF THE AREA PROPOSED
TO BE INCLUDED IN THE DISTRICT;
(III) THE DATE OF THE ELECTION; AND
(IV) THE NAME OF THE DESIGNATED ELECTION
OFFICIAL WHO IS RESPONSIBLE FOR CONDUCTING THE ELECTION PURSUANT
TO ARTICLES 1 TO 13 OF TITLE 1, C.R.S.
SECTION 2. 329111
(1) (b), Colorado Revised Statutes, is amended to read:
329111. Election of directors
dates terms. (1) (b) If
an election held pursuant to section 329106 (2) (b)
and (2) (c), 329106.3, 329106.4, or
329106.5, OR 329106.6 results in a vote
for the inclusion of an area within the district, the board shall,
within fortyfive days, vote to include the new area in one
or more existing adjacent director districts based, to the extent
practical, on population. The vote by the board shall require
a twothirds majority.
SECTION 3. Appropriation.
In addition to any other appropriation, there is hereby appropriated,
out of cash funds to be received from the regional transportation
district, to the department of revenue, for the fiscal year beginning
July 1, 1998, the sum of eightyeight thousand dollars ($88,000),
or so much thereof as may be necessary, for the implementation
of this act.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO